header-logo header-logo

EU—Jurisdiction—Civil & commercial matters

07 February 2014
Issue: 7593 / Categories: Case law , Law reports , In Court
printer mail-detail

Schmid v Hertel C-328/12 [2014] All ER (D) 221 (Jan)

Court of Justice of the European Union (First Chamber), 16 Jan 2014

Under Art 3(1) of Council Regulation (EC) 1346/2000 (on insolvency proceedings) (the Regulation), courts of the member state within the territory of which insolvency proceedings have been opened have jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency brought against a person whose place of residence is not within the territory of a member state.

The applicant was the liquidator of the debtor’s assets, appointed in insolvency proceedings in Germany in May 2007. The respondent resided in Switzerland. The applicant brought an action against the respondent before the German courts seeking to have a transaction set aside and to recover a sum of money plus interest as part of the debtor’s estate. The action was dismissed as inadmissible at first instance and on appeal on the ground that the German courts lacked international jurisdiction. The applicant appealed to the German Federal Court of Justice

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll